RFP Addendum No. 3

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Request for Proposal
Okanagan Lake New Crossing Services
Addendum Three
Amendments to RFP
1.
Section 2.2
In the second and seventh paragraphs replace “Revised Concession Agreement” with
“Definitive Concession Agreement”.
2.
Section 3
Insert a new section 3.13 as follows:
3.13
Asset purchase agreement
The Concessionaire will buy the assets on the land to be leased to the
Concessionaire in accordance with an asset purchase agreement. The purchase
price will reflect the net book value of the assets as shown in the Province’s
financial statements at Financial Close.
The estimated net book value of the assets as at Financial Close is listed below:
Asset
Existing Bridge, pavement running surfaces
and minor assets on East side approach roads
Causeway Fill and Preload Contract
Pontoon and deck rehabilitation (completed
June 2004)
Net Book Value
$3.14M
$2.9M
$1.66M
RFP Proponents should use these estimated values for the purpose of submitting
their Proposals.
3.
Section 5.4
Delete the final paragraph of this Section and replace with the following:
“The Province will issue a Revised Concession Agreement, in accordance with
the RFP Timetable, to all RFP Proponents incorporating such changes as the
Province deems appropriate. The Province invites RFP Proponents to provide
further written comments on the Revised Concession Agreement to the Contact
Person in accordance with Section 6.1 on or before September 20, 2004. The
Province will consider all written comments received from RFP Proponents and
Okanagan Lake New Crossing Services – Addendum Three
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may also consult with third parties with respect to the Revised Concession
Agreement. The Province will issue a Definitive Concession Agreement, in
accordance with the RFP Timetable, to all RFP Proponents incorporating such
changes as the Province deems appropriate. The Definitive Concession
Agreement will then form the basis of Base Case Proposals.”
4.
Section 5.7
Replace “Revised Concession Agreement” with “Definitive Concession Agreement”
wherever it occurs.
5.
Section 6.5
Delete the second sentence in the fourth paragraph and replace with the following:
“Except as expressly set out in the Concession Agreement, the Province does not
represent or warrant the accuracy, sufficiency, adequacy, appropriateness or
interpretation of this RFP, any of the materials in the Data Room or the
Background Information Website. RFP Proponents must assume all risks for the
sufficiency, adequacy, appropriateness, analysis and interpretation of the
information contained it the Data Room or the Background Information Website.”
6.
Section 7.3
In paragraph (c)(i) replace “Revised Concession Agreement” with “Definitive
Concession Agreement”.
7.
Section 9.1
Insert a new sub-paragraph (a) and renumber the remaining sub-paragraphs accordingly:
“(a)
8.
Definitive Concession Agreement;”
Section 10
Insert the following additional definition:
“Definitive Concession Agreement” means the version of the Concession
Agreement issued by the Province that may contain amendments to address
comments received from RFP Proponents specific to the Revised Concession
Agreement and that may also include any other amendments the Province
considers appropriate.
Okanagan Lake New Crossing Services – Addendum Three
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Amendments to Schedule One:
9.
Section 1.5
Amend the heading to read “Provisions of Definitive Concession Agreement”.
Amend the first sentence by deleting “Revised Draft Concession Agreement” and
replacing it with “Definitive Concession Agreement”.
In sub-paragraph (a) replace “Revised Concession Agreement” with “Definitive
Concession Agreement”.
10.
Section 3.8
Replace “Revised Concession Agreement” with “Definitive Concession Agreement”.
Amendments to Schedule Two:
11.
Section 2
Replace “Revised Concession Agreement” with “Definitive Concession Agreement”
wherever it appears.
12.
Section 4.1
Replace “Revised Concession Agreement” with “Definitive Concession Agreement”
wherever it appears.
Amendments to Schedule Three:
13.
Sections 8.1 and 8.2
Replace “Revised Concession Agreement” with “Definitive Concession Agreement” in
each Section.
14.
Section 10
Replace “Revised Concession Agreement” with “Definitive Concession Agreement”.
Amendments to Schedule Five:
15.
Whole Schedule
Replace “Revised Concession Agreement” with “Definitive Concession Agreement”
wherever it appears.
Okanagan Lake New Crossing Services – Addendum Three
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Amendments to Schedule Seven:
16.
New Restricted Parties
Add the following additional Restricted Parties:
17.
(p)
N. L. Stewart Engineering Ltd.
(q)
E. Wolski Consulting
(r)
The MacLean Group Marketing Inc.
(s)
Victor Szabo
Addendum One, Item No. 10, Section 10
The definition of “Functional Requirements” is amended to read:
“Functional Requirements” means the requirements for the design and
construction of the New Crossing contained in the Definitive Concession
Agreement and in particular the requirements set out in Parts II and III and in the
Construction Output Specifications, Schedule 6, Part 1, the O&M Output
Specifications, Schedule 12, the Communication Output Specifications and the
Traffic Management Output Specifications.
18.
Addendum One, Item No, 29. Section 4
Replace “Revised Concession Agreement” with “Definitive Concession Agreement”
wherever it occurs.
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